Today the House Judiciary Committee will markup the Performance Rights Act...a bill that would force radio stations to pay royalties for their work. Rallies and on-air protests are planned. Minority station owners claim it will put them out of business...that they simply can't afford it in this economic environment. Bill supporters claim it is long past due that musicians receive compensation for their creative efforts.
The Chair of the Judiciary Committee....John Conyers... the dean of African-American congressfolk...is a jazz aficianado and it's clear where his sympathies lie. Critics say he is backed by foreign-based record execs who stand to reap a windfall. These critics include prominent African-American and Hispanic-Ameroican stations who rightfully claim they are at least owed a congressional hearing on their views.
As usual the truth is somewhere in the middle. Musicians who have their works aired for free clearly deserve something just as most other media require. But it is just as clear that radio stations provide a unique promotional platform that can drive sales of the performer's product. That needs to be recognized financially ...perhaps as a tax deductible in-kind asset.
The public deserves a fair, open and transparent congressional hearing on House Bill 484 in order to judge both sides of the controversy. Musicians deserve the right to negotiate royalties and radio station owners deserve the right to include their promotional capabilities as discounts on royalties.
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